Bill Summary for S 207 (2021)

Summary date: 

Aug 18 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 207 (Public) Filed Tuesday, March 9, 2021
AN ACT TO IMPLEMENT THE JUVENILE JUSTICE REINVESTMENT ACT BASED ON LEGISLATIVE RECOMMENDATIONS OF THE JUVENILE JURISDICTION ADVISORY COMMITTEE, TO MAKE RELATED CHANGES TO THE JUVENILE CODE, AND TO PROVIDE FOR AN APPROPRIATE MENTAL HEALTH ASSESSMENT TO BE PROVIDED FOR JUVENILES WHO HAVE BEEN ADJUDICATED DELINQUENT.
Intro. by Britt, Daniel, Mohammed.

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Bill summary

House committee substitute makes the following changes to the 3rd edition.

Part V.

Makes organizational changes and revises the content of the Part as follows.

Amends GS 7B-101 to expand the term neglected juvenile, applicable to Subchapter I (Abuse, Neglect, Dependency) to include a juvenile under 18 whose parent, guardian, or custodian has refused to follow the recommendations of the Juvenile and Family Team made pursuant to Article 27A of the Chapter, as amended.

Eliminates the addition of the new defined terms child consultation and consultation complaint in GS 7B-1501, applicable to Subchapter II (Undisciplined and Delinquent Juveniles). Instead, adds and defines juvenile consultation as the provision of services to a vulnerable juvenile and to the parent, guardian, or custodian of a vulnerable juvenile pursuant to GS 7B-1706.1; specifies that juvenile consultation cases are subject to the confidentiality provisions of Subchapter III (Juvenile Records). Adds and defines vulnerable juvenile as any juvenile who, while less than 10 but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of motor vehicle laws, and is not a delinquent juvenile. Expands the term delinquent juvenile to include (1) any juvenile who, while less than 10 but at least 8 years of age, commits a Class A, B1, B2, C, D, E, F, or G felony under State law and (2) any juvenile who, while less than 10 but at least 8 years of age, commits a crime or an infraction under State law or under ordinance of a local government, including violation of the motor vehicle laws, and has been previously adjudicated delinquent. Maintains the revisions to the terms delinquent juvenile and undisciplined juvenile to include juveniles at least 10 years old (previously, included juveniles at least 6 years old), subject to the new criteria.

Adds to and revises the proposed changes to Article 17 of GS Chapter 7B, which governs the screening of delinquency and undisciplined complaints, as follows. Amends GS 7B-1700 to require the chief court counselor to establish intake services in each judicial district for all complaints against vulnerable juveniles, and expands the purpose of intake services to include obtaining assistance from community resources when court referral is not allowed. 

Replaces the proposed changes to GS 7B-1701, expanding the preliminary inquiry responsibilities of the juvenile court counselor upon receiving a complaint against a juvenile who is less than 10 to include making a preliminary determination as to whether the juvenile is a vulnerable juvenile or is within the jurisdiction of the court as a delinquent juvenile, by which the existing preliminary procedures applicable to delinquent juveniles apply. Otherwise, requires the juvenile court counselor who determines the juvenile is a vulnerable juvenile to handle the complaint as a juvenile consultation. Makes further conforming and technical changes to the statute. Makes further conforming changes to GS 7B-1702 (Evaluation), GS 7B-1703 (Evaluation decision), GS 7B-1706 (Diversion plans and referral), and GS 7B-2102 (Fingerprinting and photographing juveniles), to reflect the change to GS 7B-1701 regarding a juvenile court counselor's expanded preliminary determination responsibilities and providing for determinations that a complaint should be handled as a juvenile consultation for a vulnerable juvenile. Eliminates the proposed changes to GS 7B-1703 and instead expands GS 7B-1703 to allow for a juvenile court counselor to determine within the specified time period of a complaint that the complaint should be handled as a juvenile consultation for a vulnerable juvenile or in some other manner authorized by Article 17, as alternatives to filing the complaint as a juvenile petition. Makes notification and destruction requirements applicable to complaints not handled as juvenile petition also applicable to complaints not handled as a juvenile consultation. Requires the juvenile court counselor who determines that a complaint is to be handled as a juvenile consultation to obtain referral information. 

Revises the terminology used in new GS 7B-1706.1 to refer to juvenile consultation services and vulnerable juveniles, replacing the previous terminology referring to child consultation services and child complaints. Eliminates the explicit age limitation for juvenile consultation services. 

Eliminates the proposed changes to GS 7B-1806 (Service of summons) and GS 7B-2513 (Commitment of delinquent juvenile to Division), regarding delinquent and undisciplined juveniles. 

Revises new Article 34A of GS Chapter 7B as follows. Enacts the provisions as Article 27A and makes conforming organizational changes to the proposed statutory sections of the Article. Renames the Article as Authority Over Parents, Guardians, or Custodians of Vulnerable Juveniles Who Are Receiving Juvenile Consultation Services. Changes the terminology used throughout to refer to vulnerable juveniles and juvenile consultation services rather than children under the age of 10 and child consultation services.

Eliminates the addition of the new defined terms child consultation and consultation complaint to GS 143B-805, applicable to Subpart B, Part 3 of Article 13, which governs the Juvenile Justice Section (Section) of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety (Division). Similar to the revisions by the act to GS 7B-1501, applicable to Subchapter II (Undisciplined and Delinquent Juveniles) of GS Chapter 7B, adds the terms juvenile consultation and vulnerable juvenile, and defines the terms to mirror the definition set forth in GS 7B-1501. Additionally, further amends the term delinquent juvenile to expand the term to mirror the changes made under GS Chapter 7B to include (1) any juvenile who, while less than 10 but at least 8 years of age, commits a Class A, B1, B2, C, D, E, F, or G felony under State law and (2) any juvenile who, while less than 10 but at least 8 years of age, commits a crime or an infraction under State law or under ordinance of a local government, including violation of the motor vehicle laws, and has been previously adjudicated delinquent. Maintains the revisions to the terms delinquent juvenile and undisciplined juvenile to include juveniles at least 10 years old (previously, included juveniles at least 6 years old), subject to the new criteria.

Makes conforming changes to the terminology used in the proposed changes to GS 7B-3100 (regarding disclosure of information about juveniles) to provide for the sharing of information related to a case in which a vulnerable juvenile is receiving juvenile consultation services until the juvenile consultation is closed. Similarly, revises the terminology used in the proposed changes to the following statutes in GS Chapter 143B to refer to vulnerable juveniles receiving juvenile consultation services and eliminating references to children under 10 and child consultation services: GS 143B-806 (regarding duties of the Juvenile Justice Section (Section)), GS 143B-811 (regarding the Department of Public Safety's annual evaluation of intensive intervention services), and GS 143B-853 (regarding the Division's annual development of a funding mechanism for programs of the Section). 

Revises the proposed new duties of juvenile court counselors set forth in GS 143B-831, which requires counselors to provide and coordinate multidisciplinary service referrals for the prevention of juvenile delinquency and early intervention for juveniles, to specifically include vulnerable juveniles who are in receipt of juvenile consultation services (previously, specifically included but did not limit the duty to children under the age of 10 in receipt of child consultation services). Changes the proposed reporting requirements under the new subdivision to require juvenile court counselors to report any suspected abuse, neglect, or dependency of a juvenile who is receiving such services to the director of social services pursuant to GS 7B-1700.1 (previously, set forth distinct reporting requirements based on whether the child is under 10 or is a juvenile over 10).

Eliminates the proposed changes to GS 143B-851 that added to the powers and duties of Juvenile Crime Prevention Councils to include biennially reviewing and assessing on an ongoing basis the needs of youth in the county who are under the age of 10 who engage in acts that would constitute juvenile delinquency had they reached the age of 10 or older. 

Adds the following directive. Requires the Section to annually report to the specified NCGA committee, beginning March 1, 2023, on all complaints filed against a juvenile less than 10 but at least 6 years of age. Sets forth required content of the annual reports, including a summary with specified data about all complaints filed and a detailed listing of all complaints filed since the last report with specified information for each complaint with any identifying information removed. 

Part VI.

Makes a clarifying change to proposed GS 7B-2502(a4) concerning the makeup of the care review team assigned by a court following assessment of a juvenile. 

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